Can a spouse filing for divorce citing prescription drug abuse as a ground in Illinois?

Full question:

My husband is a retired veteran who was decommissioned from service due to heavy injuries he sustained during his tour in Iraq. He was under therapy for a period of over 3 years in Danville. I attributed his erratic behavior to the depression he was in since he was forced to quit the job he loved. I recently discovered that he has an addiction to morphine and has been using it since he was in therapy. I didn’t realize that he was turning into a junkie. I can’t take it anymore as he his behavior takes a toll on me as well as the children. Can I file for a divorce in Danville?

• Category: Divorce
• Subcategory: Grounds
• Date: 04/07/2025
• State: Illinois

Answer:

Illinois, being a state that has recently adopted the no-fault system for granting a divorce, accepts only irreconcilable differences as a ground for divorce. 750 ILCS 5/401, which is the provision governing dissolution marriage reads:

“(a) The court shall enter a judgment of dissolution of marriage when at the time the action was commenced one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action or the making of the finding:
   Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
 
(a-5) If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
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Therefore, in Illinois, a divorce would not be granted if divorce is on the grounds of prescription drug abuse. It shall only grant divorce when the following is proved by the spouse filing for divorce:

1. irreconcilable differences have caused the irretrievable breakdown of the marriage;
2. past efforts at reconciliation have failed, and
3. future efforts at reconciliation would be impracticable and not in the best interests of the family.

But, the spouse may introduce the evidence of such prescription drug abuse to further the cause of divorce on grounds of irreconcilable differences that caused the irretrievable breakdown of the marriage.